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Judge Jean Dandona rejected claims by criminal defense attorney Ron Bamieh that he and his investigator Mark Volpei had been physically threatened by Santa Barbara police officer Jaycee Hunter — the lead investigator in the vehicular manslaughter trial now unfolding against Bamieh’s client Francisco Rodriguez. The judge likewise rejected Bamieh’s demand that a mistrial be declared because of prosecutorial misconduct on Hunter’s part.

In a sworn declaration submitted to Dandona last week, Bamieh had stated that threats made against him in court by Hunter made him feel compelled to take “precautions to ensure my safety,” adding, “I do not feel safe driving in the City of Santa Barbara, and I am apprehensive at any approaching police cars.” Judge Dandona flatly rejected Bamieh’s petition for a mistrial, stating, “I have not believed at any time that Mr. Bamieh has felt threatened.” In response to the judge’s ruling, Bamieh replied, “I move for a mistrial; the court has called me a liar.” Later, he would make a similar motion on the ground that the judge accused him of being “unethical.” The result would be the same.

Bamieh, a former prosecutor from Ventura County who’s carved out a successful career as an effective, combative defense attorney, represents one of two men charged with manslaughter for causing the death of their mutual friend — Raul Ibarra — who died when the three were riding their motorcycles near the Santa Barbara Tennis Club this March. Prosecuting attorney Sandy Horowitz contends Rodriguez, Ibarra, and Jonathon Leon were racing one another — at speeds in excess of 70 miles an hour — when Ibarra crossed the double yellow lines and crashed into an oncoming Lexus. The Lexus was totaled, and two of its three occupants sustained minor injuries. Prosecutors explain that “but for” the act of racing, Ibarra would not have been killed; as a result charges, were filed against Rodriguez and Leon. Rodriguez insists he and his friends were not, in fact, racing and that he was about 150 feet away from them at the time of the accident.

Paul Wellman

Defense attorney Ron Bamieh

Before the trial, Bamieh suggested that had the defendants been white — they’re Latino — no charges would have been filed. Friction boiled over during the trial last week when Bamieh’s investigator, Volpei, sought to serve a subpoena on Heidi Hullander — who had just testified — right outside Dandona’s courtroom. The subpoena was intended for Hullander’s 13-year-old son. Hullander, by all accounts distraught, desperately did not want her son dragged into the proceedings. According to Volpei, Hunter inserted himself into the discussion uninvited — red faced and raging — and grabbed the subpoena from Volpei’s hand as Volpei sought to serve Hullander. Hunter countered that Volpei had been hollering at Hullander, whose husband had asked him to intervene. Hunter claimed Volpei had been intimidating a witness and that the investigator had struck him with his arm when seeking to hand Hullander the document. Hunter termed that contact an “assault.” Volpei countered the Santa Barbara cop all but invited him to strike.

When the two took their beef into the courtroom, things got worse. A pushing-and-shoving incident with Hunter’s chair ensued with the chair crashing into Volpei’s leg. Bamieh upbraided Hunter, calling him a bully, a disgrace to the department, and asserting that he was not afraid of him. “[Hunter] responded that I should be scared of him, as he was touching his gun,” Bamieh wrote. Prosecuting attorney Sandy Horowitz stated he had no recollection of hearing such a threat. Chad Nichols, who’d been observing the trial, submitted a declaration stating he’d heard Bamieh say he was not afraid of Hunter and Hunter replying, “You should be.”

Hunter submitted a lengthy recital detailing his suspicions that Volpei had abused his position as investigator to plant misleading or false impressions — via his questions — in the minds of potential witnesses. But he was silent on the question of his alleged threat, neither denying, confirming, or even mentioning it. Hunter did acknowledge that Bamieh had told Judge Dandona he was afraid to sit next to Hunter — for fear of being assaulted. He also described how Horowitz agreed to swap places with Hunter so Hunter and Bamieh would no longer be sitting next to one another in front of the judge.

The trial of Rodriguez and Leon will continue through the week. Bamieh contended — given the lack of credibility his sworn statements have with the judge — he cannot render effective counsel for his client. Dandona pointed out only that Bamieh’s client had received the benefit of many rulings on his behalf.

Comments

Let it be know that Bamieh likes to make unsubstantiated claims and associates with radical groups that hold their own sovereign courts convicting cops in BS home proceedings in Oxnard. What a nut. Maybe he should run for congress.

Say what you will, but Jaycee Hunter IS a bully, and although I was not there I see two familiar themes:First Hunter making threats. He did it twice in the Lance case on the same day. First, while in court when Peter was getting upset at something in the proceeding and taking it out on me, Hunter interjected himself into the conversation uninvited and said: "you have my permission to punch your client, I know I would". Then at the end of the day, Hunter, who was in an unmarked car, pulled alongside attorney Derrick Devermont who had driven up from LA, and told him he recognized him from the Lance proceeding and advised him to 'drive carefully' because 'these are dangerous streets and accidents will happen."

The second recurring theme: Sandy Horrowitz went on a ride-a-long and was witness to a police officer striking a suspect without cause. When questioned about the incident he said he just happened to be looking in the other direction at the time and didn't see anything. Attorney William Makler got the case against the citizen dismissed, but nothing else happened to the rogue cop, in large part thanks to Sandy's selective memory and perfectly timed turning of his head and bad hearing and faulty recollection.

Man, spirit, I've got to hand it to you. You are definitely a piece of work! But, alas, no. I'm not looking for terrorists. I actually agree with you here on this ol' buddy, ol' pal! The cops in this town are degenerate thugs run by an opportunistic fool and scam artist.

I'm eagerly awaiting the civil suit against Tudor - that will be good one!

This reminds me of being in the third grade and refusing to sit next to someone in assembly because they had cooties! I had a tough teacher and got sent home for the day. I think the judges should start handing out demerits and detention to these boys. Seems to be lot's adding up against Officer Hunter. Perhaps he needs some sensitivity training? Conversely, some of these other guys are really acting like pansy's with all the squawking. I think the judge needs to grab the bull by the horns and take control of the situation. I think this case is a waste of time. Good luck proving it was a full-on race beyond a reasonable doubt.

Once again, this SB cop, Jaycee Hunter, is at the center of police misconduct charges. Hunter has a long history of misconduct allegations, including abuse of minors in the PD's Explorer program, lying under oath, assaulting bicyclists with a Taser for running a stop sign, manipulation of witnesses, exceeding authority, etc. He has serious anger and other emotional issues and is unfit to be a police officer. This recent court incident is just the latest episode.

Just like a hit and run artist, spiritwanker talks bad ass calls everybody names then complains about the same treatment.

Your nothing but a psycho conspiracy babbling freak. Oh yes, you put up a lot of BS, have never once placed any evidence of anything you claim as being true. You are just a babbling freak with outlandish claims of wrong doing. Your opinions are just that, opinions. If you have so much evidence of wrong doing then go to the media with your evidence!! Let all of us who know nothing see once and for all all of your evidence to convict someone of a crime.

Yes spiritwanker we all know how it works. You sit behind a keyboard type away with claims of massive wrong doing but have never been accurate on anything. Funny how that works right? Or, are you know going to tell us the media is in on the fix and they are protecting Bill Brown. Can't wait to hear more of your psycho babble on this topic....

You folks crack me up. The story is about Hunter, Bamieh, his investigator, Dandona and Horowitz, but almost all 30 comments are about posters, not the article. I have to admit, I expected an intelligent debate. It's a bit disappointing.

Pardon me, but I am lost. Who the heck is Heidi Hollander, and how do she and her teenage son fit in the story about the 3 Latino motorcyclists, and what is Jaycee Hunter's role in that trial? Did he just happen to be hanging around the courtroom, or what? Other than the fact that if you are not rich and white you had better stay away from SBPD, and that the ties are pretty close between the local PD and the judiciary so they will lie and ignore evidence with impunity, I am not sure I understood much. But maybe I understood enough?

Not to mention the ties between Dudley personally and almost every high ranking (Male) SBPD cop. She has been 'extremely close' with most everyone in that department. She's a 'hands on' kind of a woman.

Then how would she ever find time (or energy) to run the DA's office? That's a really 19th century sexist kinda slur that women have been fighting for decades now. I'm no fan of Dudley, but that is a really low road. Stick to the issues.

Lets see we have two pee's in a pod here, Darryl and spiritwalker. This is truly amazing stuff to read on here from a foul mouthed sexist lawyer to a tin foil hat conspiracy freak...

First; DG insults posters on this thread and then posts this, "I expected an intelligent debate." Then gets slapped with contempt of court from a judge. Yes DG you truly are a genius. Your 15 minutes of shame are over go back to the sewer pipe you live in..

Now, for spiritwanker, once again you never have any evidence, only psycho babbling rants and listen to what a defense lawyer wants you to here. (Focus, defense lawyers throw mud routinely hoping trolls like you will listen) When the evidence is presented coherently I will listen. Second, why is it you never have answers to my questions?? I know, because you have a one track peanut rattling in your brain and it's hard for you to focus on one thing.

Seems like the quality of officer's at the PD has been steadily declining since many of the former requirements that must be met to become an officer have been minimized or eliminated, i.e., drug use, credit history, thorough background check, etc.

In addition, lack of solid police experience before being promoted to a first level supervisor or staff position likely means officers will be guided by personnel that don't have the ability to train or lead because of their lack of solid, all around experience. I suspect the academy is simply the foundation for the training of an officer and they are developed, to a certain extent, by those that served before them who pass on their experience(s) via training on a day to day basis. The education requirement has been increased; and this is a positive, but, an educated cop without common sense is about as good as wearing two left shoes.

It would be interesting to learn how many rookie officers were terminated by the PD during the past 10 years as they failed to pass their first year probationary status.

With all the problems that reportedly involve personnel at the PD it appears there is no accountability for wrongdoing. Why should an officer worry about using unnecessary force on a person when they know their supervisors, for whatever reason, won't take any action against them? For this type of negative activity to continue indicates there is no leadership within the department, adequate direction is not being provided to those hired to protect and to serve.

The incompetence and inability to handle situations they encounter properly, in or out of court, by those officers that are screwing up is casting a shadow over the majority of officers that are trying to do their job in a professional manner.

Thank you whatinsb. Instead of a personal attack B$#@tchfight, we got an intelligent comment. Furthermore, I would like to say that for some reason it appears that the powers that be always seem intent on recruiting some out of town police chief. Why not promote from within, then people would have some personal accountability among their peers. Not to go in to some CAM bashing soliloquy, but it would seem that this needs to addressed from the top down. Does he not pick up the paper? I would call Hunter in to my office first thing and have a talk with him about perception, serving and protecting. Once again, who is in charge of this city? Is the leadership scared of the POA? On another note, I stumbled on Housewives of the OC last night. GAG!!! As I read the new posts in this thread, it totally reminded me of that show.

what is this perception there are problems with the SBPD and its officers.

if you break the law and get caught, you go down, that's how it works. its always the same voices crying about police tactics...and their agenda is as obvious as the famous punchbowl steamer. the vast majority of SB citizens rarely interact with the police because they are law abiding.

DG is constantly posturing for position, and each chance he gets to advance his agenda vs the police publicly is never wasted.

the Tudor and Beutel events have been wrung out, and i don't see any firings or disciplining. there was talk of outside investigators coming in....what happened there. so far, nothing.

cam sanchez should be replaced..anybody caught looking elsewhere for a job should get the heave ho.

Lawdy - I don't believe there is a "perception" there are problems with the PD and some of its officers as much as it is a fact! Yes, violate a law & you are arrested. That a person was arrested is not as much the issue in many of the reported cases as the manner in which various officer's of the PD handled their arrest(s).

Bimboteskie - It would appear at this point in time to promote from within could be a mistake. To my understanding, the next Chief, if promotion occurs within the department, would likely be a Captain. Apparently not a fixed requirement but generally the last rank before a higher command or chief's position. I say this could be a mistake as the current supervisors (Sgt., Lt., Capt., & Deputy Chief) are the same persons that should be taking charge of officers under their command and resolving the reported problems relative to their conduct.

These supervisory personnel should also see that steps are taken (disciplinary or additional training) to ensure these problems do not continue to occur. The fact that problems continue to occur; and some officers seem to have continual issues, indicates to me the current supervisory personnel are not doing their job. No one appears to have the cajones to challenge the Chief to take the steps necessary to get all their personnel in line and the department on the right track.

Why would we want to promote someone from within the PD to the position of Chief if we already (suspect) they have not taken steps necessary (in their current rank) to maintain the competency and professionalism of their officers? How well rounded is the police experience of our current PD supervisors? Have they been assigned to various units within the department over the past 10, 15 or 20 years that develops their experience, expertise and ability to train new officers. Or, have one or more supervisors performed in the same or similar position for the past 10-20 years?

Is the chief still looking to work for another agency? How confident can officers be relative to support of their leaders when they learn the chief is looking for another job? The chief should not have to be reading newspapers to learn his personnel are not doing their job properly, he should be advised of a problem as soon as practical. I don't believe this is how the chief is learning of these reported issues but if it is we have a larger problem that we can imagine.

Ok, but my problem with where the chief gets his info is that he hears it from the DA and or other supervisory COPS that you mention and aren't doing such a hot job anyway. So what is the slant on the story he gets? "some loudmouth lawyer needed a talking to in the court room and I accidentally bumped my chair into his knee". Can the Chief fire or reprimand a COP or will he get sued by the POA? When is the last time a COP has been disciplined in this town and anyone hears about it? They are usually allowed to resign first after committing a crime that the rest of us would be in jail for. This internal matter stuff is a bunch of crap.

I suspect the chief is very likely to get an accurate report regarding an incident from the DA, your guess is as good as mine how it goes with reports he receives from members of his staff. I see no value in not reporting an issue accurately as it will have to be resolved or defended and this can't be done adequately with inaccurate information.

The chief may have issued some discipline/reprimands and I believe there may be personnel laws that prevent public disclosure just for the sake of disclosure. It would seem the current chief needs to enact more discipline for those that are creating problems for the department. Not just with the offending officer but also with their supervisors. As long as the punishment is not excessive, I don't believe most of the line officers will complain and morale could be increased. How would you like to be an officer busting your butt on a daily basis to do the job right, only to be chastised/ridiculed and demeaned due to the continual wrongdoing or improper actions of a few other officers?

I don't believe the current chief is enough of a leader and in my opinion this prevents him from taking too much severe action against his officers. I suggest only so much negative activity should be tolerated before a true leader will take some action against the offending officer, including termination if justified. To avoid legal problems with the discipline/termination the history of the officers problems should be well documented. Not unlike any other union, the police union will whine and complain about most discipline imposed against an officer, whether the discipline is justified or not. Surprising, as I would think all officers would want the highest caliber, competent and efficient persons to work with. You would think they would want to keep all the "problem officers" out of the department. Something to think about. An officer that continually creates an unjustified physical confrontation during their police contacts can very likely lead to an injury of their backup officer(s). I believe our officers have enough to worry about without having to wonder if their support of a fellow officer is likely to create a problem for them such as an injury or a legal issue.

Great comment on the real gang problem and most important threat to public safety in Santa Barbara, bimboteskie. I wonder if they threaten and harass superior court judges in addition to city council members, as POA members have in several California cities, or if the DA and city council share responsibility for supporting police bullying.http://www.voiceofoc.org/oc_coast/art...

Listen to these clowns talk about how law enforcement agencies should operate. Sounds like some people are a little too insecure or watch too many movies. Nice theories girls but back to the fryer. Those customers are hungry.

Now back on point. If I was fighting for my freedom and my lawyer personally attacked the judge like that I would stand up and tell the judge I apologize on behalf of my attorney then fire his a$$ in front of everyone. It's the defendants life, not that show boat attorney's.

I am so tired of this. I have battled the law and law enforcement in the past few years and despite my distaste and anger towards a few I know that not all PD behave like this. But some prominent and corrupt ones do. Unfortunately, when combined with the silly anonymous banter of commenters the result always declines towards a childish schoolyard of tit for tat and we inevitably arrive at some tiresome tirade of name calling. It saddens me that this town has become held hostage to smallish and irrational fervor. I WANT MY CITY BACK. Time for your nutcases and the few corrupt limelighters to leave. Peace. And I mean it in the most sincerest way.

Thank you Daryl Genis for standing up to the systemically corrupt Santa Barbara Cops. Anyone remember Kasi Beutel? It is a thorough and complete testament to brainwashing that anyone would support these 100% corrupt cops, corrupt prosecutors, and corrupt judges. The facts of the case remain that a friend of the deceased who was riding a motorcycle is charged with manslaughter. That fact alone should have thrown this case out during discovery. Now the cowardly bullies with badges feel they can intimidate witnesses on the courtroom steps, and even inside the courtroom?! I guess they are right because the Judge turns a blind eye to justice. The biggest surprise is not the thoroughly corrupt cops, prosecutors and judges of SB County, it's the eunich's that live in SB County and put up with this abuse, and even more pathetic, they critcize defense attorneys like Mr. Genis who have the guts to stand up to the bullies with badges. Good news for you folks - It will be much easier for you to lick Law Enforcements boots when they are on your neck.

Mommy spiritwanker is talking trash again. Oh please you childish conspiracy freak. Lets settle this once and for all you nitwit.

Since you are the self proclaimed expert on every issue related to Law Enforcement (and every other issue on these posts) why don't you throw your hat in the ring for Sheriff!! I know you want it, your an egotistical maniac who can't pass up an opportunity to trash everything related to what these men and women do to protect the citizens. If you are so unhappy with what is taking place put up or shut up!! You bring nothing to the discussion other than hyper-boil and absolute misinformation every time you open your pie hole. I would love to see you standing tall on a debate. You really are a mental midget with a complete distorted way of life.

You and your type are the ones standing on a hill hundreds of yards away throwing insults after insults beating your chests and claiming victory. You really are a sorry misfit.....

Read Yesterday in the SB Independent that the defendant was acquitted. Although any 1st year law student would have dismissed this case before it started. The list of shocking things I have seen and heard coming out of the SB County Prosecutors office is over the top shameful.

Bottom line: Dudely and her girls are so far in the sack with Sanchez and his goons that there is only one wise path: avoid contact with these insane clowns at all costs. "Coffee with a cop"? They can't be serious. Please observe that the motorcycle officers now carry AK-47s, that Beutel still wears a badge, that Tudor remains uncharged of his many crimes.The law enforcement in this town is a scandal.The county is not much better. The percentage of "officer involved" shootings in SBCO FAR exceeds what the population would indicate when compared to other California jurisdictions.Great fire departments.Horrid judicial/police, draconian jails where "innocent until proven guilty" means you could die at the hands of sub-normal IQ custody staff any day.One day the feds will come in and shove them all aside with a series of indictments.Just wait.